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<b>Terms of Service Agreement</b>
<br /><br />
This Terms of Service Agreement governs your use of the Down Payment Saver Account (“Account”) and your service relationship with First Mobile Savings, Inc. (“Company”, "we" or "us".)  You acknowledge that First Mobile Savings is not a chartered financial institution. All Deposits are held at Eagle Bank of Maryland or other federally or United States state-chartered financial institution, each members of the Federal Deposit Insurance Corporation (the “FDIC”).
By clicking the “I Agree” button or submitting an application to open a Down Payment Saver Account, or activating or using any service provided by the Down Payment Saver App, you agree to the terms of this Agreement.  In addition, by establishing an Account with us, you accept and agree to the current terms and conditions of, and all future amendments to, this Agreement and all other Account Disclosures provided to you.  Disclosures may be provided electronically via email, may be updated on our website and/or included in mobile app updates.
<br /><br />
<b>Creating an Account</b>
<br /><br />

To open a Down Payment Saver Account, you must be at least 18 years of age, have an active email account, and have an existing checking account with a U.S. financial institution. You will need a state issued driver’s license or another form of U.S. state or federal photo identification. You must also be one of the following: 
<br />
<ul>
	<li>A U.S. citizen with a social security number, or</li>
	<li>A U.S. resident with a social security number, or</li>
	<li>A U.S. permanent resident alien with a green card and social security number.</li>
</ul>
<br /><br />
We take identification verification of our users seriously to help the government fight the funding of terrorism and money laundering activities.  Your activation of a Down Payment Saver Account constitutes certification by you that the information you supplied to us is complete, accurate and correct.  We may require you to confirm personal information and/or provide additional information to activate your Account.  We reserve the right to decline any application for any reason, or if we determine that any of the registration data is false, incomplete or inaccurate.  In addition, we reserve the right to terminate your Account and the use of our services for these or other reasons. 
<br /><br />

Each person is permitted to have only one Down Payment Saver Account.  Accounts are for individuals only.  We not accept business accounts. 
<br /><br />
<b>Funding Sources</b>
<br /><br />
Users can establish one Funding Source for a Down Payment Saver Account. The Funding Source must be an existing checking account held by you, in your name, with a U.S. financial institution. To deposit money into your Down Payment Saver Account, you will be able to make transfers from the Funding Source account by using the Add Money feature within the Down Payment Saver App.  When you withdrawal your savings from your Down Payment Saver Account, the funds plus interest will be transferred back to your Funding Source account (your checking account.) Once established and verified, the Funding Source cannot be edited, changed or deleted.  The only way to change the Funding Source is to close your Down Payment Saver Account and then open a new Account using the new Funding Source. This policy is for the security and protection of your savings.
<br /><br />
<b>Funding Source Verification</b>
<br /><br />
We use a standard verification process to ensure that your Funding Source supports ACH transfers and your Account is set up correctly.  To verify your Funding Source, we will make a micro deposit into your Funding Source account of less than one dollar.  We will also make a micro withdrawal of an equal or lesser amount.  These transactions will take place within three to five business days of setting up your Funding Source in the Down Payment Saver App. To activate your Account with the specified Funding Source, you must enter the amounts of the micro deposits into the corresponding form fields in the App and select Continue.  This step must be completed within 30 days.  Users will not be charged any fees for this process. 
<br /><br />
<b>Making Deposits</b>
<br /><br />
Your account must be funded with an initial deposit of at least $25.  The initial deposit must take place within 30 days of the micro deposit verification process described above.  After the initial deposit, the minimum amount for all deposits is $10.  You can set scheduled and recurring contributions beginning on a start date and continuing until an ending date in the following increments: monthly; semi-monthly; bi-weekly; and weekly.  You can stop or change recurring contributions at any time.  The minimum balance to avoid a monthly fee on your Account is $25.
<br /><br />
You agree that all transactions initiated and/or authorized by you to fund your Down Payment Saver Account are transfers from a checking account held by you, in your name, with a U.S. financial institution.
<br /><br />
<b>Bonus Points</b>
<br /><br />
You can earn Bonus Points equal to one percent on all scheduled recurring deposits you make to your Down Payment Saver Account.  The Bonus Points will be doubled to two percent on recurring deposits in any month where the recurring deposit aggregate is over $500 and no withdrawals are made.  The Bonus Points can be redeemed toward mortgage application fees with our mortgage partner, or other valuable offers that may be available from time to time.  Bonus Points are not redeemable for cash.  All Bonus Points will expire upon closing the Account if not used before the Account is closed.
<br /><br />
<b>Authorization to Hold Funds</b>
<br /><br />
By opening a Down Payment Saver Account, you authorize us to maintain possession of all funds deposited, including any additions to those funds (together the "Deposited Amounts".)  We will maintain all Deposited Amounts in accounts at one or more FDIC-insured financial institutions, and the funds will be provided FDIC pass-through insurance to the extent provided by the financial institution holding the funds and by the FDIC. 
<br /><br />
We will acknowledge receipt of all Deposited Amounts by posting the amount and the date of receipt for your view within your account history on the Down Payment Saver App. At your request, we can also provide email notification whenever you deposit funds into your Down Payment Saver Account.  You hereby irrevocably appoint First Mobile Savings as your true and lawful agent with the authority to manage, transfer and otherwise act with respect to all funds in your Account including without limitation to allow us sole and absolute discretion to maintain the funds in your Account and to return the funds to your Funding Source.  Transaction information displayed on your account within the Down Payment Saver App, as well as email notices, if any, shall be conclusive proof of the delivery and receipt of funds, absent manifest error.  
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<b>Availability and Return of Funds</b>
<br /><br />
When you make a deposit into your Down Payment Saver Account, the funds are transferred from your Funding Account by means of an ACH transaction.  During this process, the transaction is  considered “pending” until the funds are posted to your Down Payment Saver Account. ACH transactions generally take two to five banking business days to post to your Account.  Pending transactions can be viewed in your account history (accessible from the View Savings section of the App.)  Deposited Funds will become available for withdrawal once all funds are verified, which is generally five business days after the last transaction posts to the Account. 
<br /><br />
Deposited Amounts, once available, earn interest and remain available for you to withdrawal to your Funding Source at any time.  You can withdrawal all of your savings plus interest and close your Down Payment Saver Account by transferring your entire balance back to your Funding Account once all pending transactions have been verified.  If First Mobile Savings suspects, detects or is notified of potential fraud, we may hold your funds until the absence of fraud has been confirmed.  You waive advance notice of discontinuing access to the Financial Services under Maryland Code, Commercial Law Section 22-814. 
<br /><br />
<b>Account Limitations</b>

<ul>
<li>Minimum opening deposit is $25.</li>
<li>Minimum deposit amount after opening is $10.</li>
<li>Minimum balance to avoid a $2 monthly fee is $25.</li>
<li>Maximum balance is $250,000.</li>
<li>Maximum aggregate daily contribution is $50,000.</li>
</ul>

<br /><br />
<b>Schedule of Fees</b>
<br /><br />
<ul>
	<li>Monthly service fee is $0.</li>
	<li>ACH deposit fee is $0.</li>
	<li>ACH withdrawal fee is $0.</li>
	<li>Below $25 minimum balance monthly fee is $2.</li>
	<li>Inactive account (for more than one year) monthly fee is $2.</li>
	<li>ACH return fee is $45.</li>
</ul>


<br /><br />
You agree to be responsible for timely payment of all fees and charges incurred in connection with use of your Down Payment Saver Account.  At our sole discretion, all applicable fees will be deducted directly from your Account.  We reserve the right to change the Schedule of Fees at any time.
<br /><br />
If your account is terminated or suspended for insufficient funds or non-payment, you agree to be responsible for collection costs incurred by us to obtain payment including but not limited to administrative and attorneys’ fees as applicable. 
<br /><br />
<b>Mobile Internet Enabled Accounts</b>
<br /><br />
You certify that you have a mobile data plan with access to the Internet and a current email address.  By registering a mobile phone number through the enrollment process, you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to register the number.  Message and data rates may apply.  You have sole responsibility for providing us with a correct and operational email address.  You must promptly update your Account information / user profile with any change to your email or postal mailing address.  If you do not promptly notify us, we will not be held liable for any adverse effects to your account as a result of undelivered email or mail, or due to the inability to access your Account information on your mobile device or over the Internet.  You have sole responsibility for any costs that you incur for maintaining a mobile account, data plan, Internet access or an email account. 
<br /><br />
First Mobile Savings reserves the right to perform maintenance, updates and/or lock the Down Payment Saver App or website as necessary at any time. We are not responsible for technical problems outside of our control such as Internet outages, wireless service issues, mobile device incompatibility, or programming errors. In the event of unresolved technical issues our remedy will be to notify the affected users and refund the deposited amounts plus interest.<br /><br />
<b>Electronic Communications</b>
<br /><br />
To the fullest extent permitted by law, Communications regarding your Account will be provided to you electronically and you agree to receive Communications in an electronic form.  Electronic Communications may be posted within the Down Payment Saver App, on the pages of the Down Payment Saver website and/or delivered to your email address.  You may print a paper copy of any Electronic Communication and retain it for your records.  All Communications in either electronic or paper format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Communications may include, but are not limited to Account statements, Account notifications, changes to disclaimers, changes to privacy policy and changes to the Terms of Service Agreement.
<br /><br />
Your consent to receive Communications electronically is valid until you revoke your consent by notifying First Mobile Savings of your decision to do so.  If you revoke your consent to receive Communications electronically, First Mobile Savings may terminate your right to use the Down Payment Saver Account.
<br /><br />
<b>Consumer Liability</b>
<br /><br />
If you believe there may be an error on your Down Payment Saver Account such as:
<br /><br />

<ul>
<li>A transaction occurred on your account that you did not accept or authorize</li>
<li>An incorrect transaction was credited or debited from your account</li>
<li>A transaction should have occurred but was not included on your periodic statement</li>
<li>A computational or bookkeeping error was made by First Mobile Savings</li>
</ul>
<br /><br />
You should notify us immediately by email, US mail, or using the Contact Us form on our corporate website.  You are required to notify us in writing of an unauthorized transaction that appears on your Down Payment Saver Account statement within 60 days of when the periodic statement was sent that first reflects the alleged error. 
<br /><br />
Upon completion of the investigation, any errors will be corrected without delay. In addition, you will be notified by email within three business days of the final resolution that a final resolution was found and the details/outcome of the investigation. 
<br /><br />
<b>Privacy</b>
<br /><br />
You agree that you have had an opportunity to review, download or print, and you agree to the <a href="privacyPolicy.html" onClick="androidShowPrivacyPolicy()">Privacy Policy</a> relating to the Down Payment Saver App provided. 
<br /><br />
<b>Copyright Information</b>
<br /><br />
The trade names, trademarks, service marks, graphics and text used on the Down Payment Saver App and website belong to First Mobile Savings, Inc. and are protected by U.S. and international copyright law and treaties, and shall not be copied, adapted, displayed, transmitted or broadcast without the prior written permission of First Mobile Savings. No one is authorized to use any of the copyrighted material in any manner without prior written permission.
<br /><br />
<b>No Warranties</b>
<br /><br />
The Down Payment Saver App and website may include information from third parties, and links to other websites. First Mobile Savings does not make any warranties, expressed or implied, regarding any third party information or any links to other websites, and we assume no responsibility for the accuracy, completeness, reliability or suitability of the information provided by third parties.
<br /><br />
<b>Limitation of Liability</b>
<br /><br />
The services offered by the Down Payment Saver App and website are provided "as is" and with all faults, and First Mobile Savings, Inc. hereby disclaims, for themselves and for each other entity involved in the provision of the Financial Services, all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, of fitness for a particular purpose and of lack of viruses.  In no event shall First Mobile Savings be liable (a) for damages caused other than by its own gross negligence or intentional misconduct or (b) for indirect, special, incidental, consequential or punitive damages whatsoever arising out of or in any way related to the use of or inability to use the Down Payment Saver App or website or any Financial Service, even if First Mobile Savings has been advised of the possibility of such damages. In no event shall First Mobile Savings be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood or other natural disaster, act of God, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).  
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<b>Contacting First Mobile Savings</b>
<br /><br />
You may contact First Mobile Savings by email at customerservice@downpaymentsaver.com or by first-class U.S. mail to: First Mobile Savings, 1011 Centre Road, Suite 305, Wilmington, DE 19805.
<br /><br />
<b>Changes</b>
<br /><br />
First Mobile Savings reserves the right to amend this Terms of Service Agreement at any time. Your continued use of the Down Payment Saver App and website will be subject to the Terms of Service in effect at the time of your access. If the terms, conditions, and charges associated with your account are not acceptable to you at any time, you may terminate this contractual agreement by closing your Account.
<br /><br />
<b>Transfer</b>
<br /><br />
You may not transfer any rights or obligations you may have under this Agreement, or with respect to any Account, at any time.  We reserve the right to transfer any right or obligation under this Agreement or with respect to any Financial Service without your consent.
<br /><br />
<b>Governing Law</b>
<br /><br />
This Terms of Service Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Delaware without regard to the conflicts of laws principles thereof.  Any claim or dispute you may have against First Mobile Savings, Inc. must be resolved by a court located in the State of Delaware.  
<br /><br />
You agree and acknowledge that your Down Payment Saver Account is subject to acceptance in the State of Maryland and shall be opened and maintained in the State of Maryland. Your Account shall be governed by the laws of the State of Maryland and applicable federal law and is subject to any applicable automated or other clearinghouse rules and regulations, as well as the rules and regulations of the FDIC.
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